State v. House

The court sustained defendant’s demurrer to a criminal complaint. The state appeals pursuant to ORS 138.060(1). See State v. Thomas, 34 Or App 187, 578 P2d 452, rev den (1978).

Defendant was charged with violating ORS 164.045, by complaint, as follows:

"The said defendant, on or about June 12, 1977, in Multnomah County, State of Oregon, did unlawfully and knowingly attempt to commit theft of Two (2) pharmaceutical items, Two (2) containers of soap, One (1) container of wax and Five (5) foodstuff items, of the total value of less than Two Hundred Dollars, the property of Fred Meyer, Inc.”

Defendan…